In a class action against local government officials for surreptitiously recording phone calls from the local finance department, alleging violations of the Fourth Amendment brought under 42 U.S.C. sec. 1983 and Title III, district court’s denial of summary judgment is affirmed where: 1) plaintiff presented sufficient evidence of a violation of the Fourth Amendment to withstand summary judgment, as he demonstrated a reasonable expectation of privacy in his phone line at work and that the workplace search was unreasonable in scope; 2) at the time of the recording, it was sufficiently clear that government employees enjoyed a reasonable expectation of privacy in the workplace to preclude qualified immunity; and 3) the district court properly found that defendants waived the qualified immunity defense to the Title III claims as they failed to raise the issue in their original submission.
Read Narducci v. Moore, No. 06-3427
Appellate InformationAppeal from the United States District Court for the Northern District of Illinois, Eastern Division.on.Argued May 7, 2009Decided July 9, 2009
JudgesBefore FLAUM and WILLIAMS, Circuit Judges, and LAWRENCE, District Judge.Opinion by FLAUM, Circuit Judge.
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